Sold after agreeing item to me

LilElvis

waamo wrote: »

I disagree. There would appear to be only two of the three elements necessary to form a contract here.

Where is the third element?

Also appears to be a distance sale where a contract isn't typically formed until payment is made and the goods despatched.

The company would also appear to have been happy to accept card payments - just not over the phone, which would be prudent to avoid being given stolen card details and then having the payment reversed after delivery. Probably why they didn't want to accept a PayPal payment too.

unholyangel

waamo wrote: »

I disagree. There would appear to be only two of the three elements necessary to form a contract here.

Where is the third element?

Theres more than 3 elements required for a legally binding contract.

Offer, acceptance, consideration, intent, capacity, certainty.......each with their own set of sub-requirements.

To which were you referring?

davidmcn

If they hadn't even agreed on a suitable method of payment I doubt there was any contract.

waamo

unholyangel wrote: »

Theres more than 3 elements required for a legally binding contract.

Offer, acceptance, consideration, intent, capacity, certainty.......each with their own set of sub-requirements.

To which were you referring?

I was referring to the old concept of offer, acceptance and consideration. I know it's old money now but it's simple and gets the point across.

deethebee

waamo wrote: »

I disagree. There would appear to be only two of the three elements necessary to form a contract here.

Where is the third element?

I assume you're referring to payment, but payment doesn't always have to be made up front as it depends on the agreement. For example, buy now pay later is an agreement to pay at a later date. So we would need to know exactly what was agreed to. Distance sales often offer this option too.

LilElvis

deethebee wrote: »

I assume you're referring to payment, but payment doesn't always have to be made up front as it depends on the agreement. For example, buy now pay later is an agreement to pay at a later date. So we would need to know exactly what was agreed to. Distance sales often offer this option too.

OP clearly states payment due on day of delivery.

unholyangel

waamo wrote: »

I was referring to the old concept of offer, acceptance and consideration. I know it's old money now but it's simple and gets the point across.

It seems consideration was agreed though.

Or have I missed a post from OP saying they disagreed on the price?

deethebee

LilElvis wrote: »

OP clearly states payment due on day of delivery.

What he actually said was: "was going to pay on the day of delivery". Doesn't state what the actual agreement between both was. I also said in post #10: "If payment date had been agreed as to be on the delivery date, it sounds like they broke the agreement and you may have cause to complain".

unholyangel

I think theres some confusion here.

Consideration is something agreed by both parties and is required to form a contract.

Actually transferring consideration (aka making payment) is not a requirement of contract formation. Instead it is something to be performed under the contract once formed - the contract creates the obligations that their consideration must pass to you and your consideration must pass to them.

Unless agreed otherwise, payment & delivery are to be concurrent conditions - that is they should be performed simultaneously.

Angus_Og

I think from the ops previous post on the subject it is difficult to see that offer and acceptance was made (unless something has changed in the meantime).

Kev1967 wrote: »

Hello,

I would like to buy a piece of furniture from a small business. I would prefer not to pay in cash so I asked if they would accept PayPal. They said they would if paid using friends and family as PayPal charges a fee. Does anyone know what this fee is? The cost of the furniture is £275. I am concerned that paying this way would mean giving up my rights should a problem later emerge with the purchase.

I suspect the shop saw the OP as being a tricky customer.

If someone was talking about their right prior to a contract being formed I'd be heading to the hills.